Multi-plaintiff lawsuit originally filed in Pennsylvania state court was improperly removed by Johnson & Johnson, according to a motion brought on behalf of dozens of women who developed ovarian cancer from talcum powder.
Talcum powder settlements were reached last month to resolve two mesothelioma lawsuits, which were prepared to go to trial involving allegations that asbestos in baby powder caused cancer.
One of the talcum powder settlements involved a lawsuit that first went to trial in 2020, but ended in a mistrial after the plaintiff died of mesothelioma complications.
As progress gets underway again to prepare the talcum powder lawsuits for trial, Johnson & Johnson reports it is now considering a third bankruptcy filing, despite federal judges rejecting its two prior efforts.
Over the past two years, plaintiffs have been barred from filing new talcum powder lawsuits, as Johnson & Johnson repeatedly attempted to force the litigation through the U.S. bankruptcy system.
Presentations will be made to educate and inform the Court about the link between talcum powder and cancer, as well as provide background on scientific and liability issues in the litigation.
Ret. Judge Wolfson's work as a partner at a law firm that represented Johnson & Johnson in its bankruptcy claims should disqualify her from handling Daubert disputes and other issues that arise in the federal MDL, plaintiffs argue.
Since a number of plaintiffs died from ovarian cancer during the two year bankruptcy stay, judge is asking attorneys to notify the court of any deaths and set a new schedule for completing Plaintiff Profile Forms.
Plaintiffs say Johnson & Johnson wants to relitigate Daubert challenges that were decided by the Court two years ago, in yet another attempt to prevent individuals dying of cancer from receiving compensation.
After thousands of women died from ovarian cancer while waiting for the bankruptcy stay to be lifted, plaintiffs are calling for federal bellwether trials to quickly get underway once again in talcum powder lawsuits
